Stowell v. City of Milwaukee
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. This action was brought to recover damages alleged to have accrued to plaintiff in consequence of an alteration alleged to have been made by the defendant city in the previously established grade of a street. The defendant had a verdict; but upon plaintiff’s motion the verdict- was set aside and a new trial granted; and from this order the plaintiff appealed.
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APPEAL from tbe County Court of Milwaukee County. This action was brought to recover damages alleged to have accrued to plaintiff in consequence of an alteration alleged to have been made by the defendant city in the previously established grade of a street. The defendant had a verdict; but upon plaintiff’s motion the verdict- was set aside and a new trial granted; and from this order the plaintiff appealed. The questions presented by the record will sufficiently appear from the opinion.
1Opinion of the CourtCole, J.
Many of the questions discussed in this case by the counsel for the city were involved in the case of Church v. The City of Milwaukee (ante, p. 512); and as we have expressed our views upon them in that case, it is unnecessary to further consider them here. This was an action brought for damages to property resulting from a change of grade and lowering the streets in front of and adjoining the plaintiff’s premises. The jury returned a verdict for the defendant, which was set aside by the court below as being against the weight of evidence; and the appeal is from the order granting a new trial.
2Cases cited1 opinion
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
3Cited by4 opinions
- Lewton v. HowerSupreme Court of Florida · 1882
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
- McCarthy v. City of St. PaulSupreme Court of Minnesota · 1876
- Owens v. City of MilwaukeeWisconsin Supreme Court · 1879